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Affidavit of Desistance

We have an existing case RA 7610 (slight physical injury), my son vs. his aunts, my sister in law and her cousin.

After filing the case last 2011 they approached me during our pre-trial last July of this asking for forgiveness. I would like to consider that they are sincere with everything that they have said, and is trying to consider their plea, of course with my son’s approval who was 13 years old when he was physically and verbally hurt.

Their private lawyer already drafted an affidavit of desistance, on my son’s behalf. And to my surprise that’s how it is po pala(?) That as if everything were tweaked, that what my son said were not true etc. Is that how a desistance work? And they stated that we can no longer file a case of the same in the future. I did not agree with their draft affidavit, hence told them to ask their lawyer to create different versions that “both” parties will agree on, hindi po yung parang one sided lang at kami ang nagkamali.Wala naman po kaming napag usapang kapalit at all, though my son requested na sana tulungan sila ng mga kapatid nya with their needs and expenses, pero mabilis po ang reply ng accused na di po nila responsibilidad yun... I have been separated with my children’s father (brother of the accused) and he hasn’t been supporting my children. I have been a sole provider for my children for the past 6 years. Wala din po kaming private lawyer to consult with, though mabait naman po yung fiscal na nakaassign, but I cannot afford to take a leave every now and then, to ask for advise kasi po makakaltasan ako sa sweldo ko and he is too busy po, minsan I had to wait for 3 hours bago sya makausap and so I decided to check online praying for assistance until I came across this site.

unfortunately, affidavits of desistance are like that. i try to keep it vague and say 'misapprehension of facts'.

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